Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

168 Results

Clear Search Parameters x
Location: Orange County x
Judge: Leal, Sandy N x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 236)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 817)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 0,25
Array
(
)
2024.06.13 Motion to Strike 728
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.13
Excerpt: ... damages in in an amount properly calculated to punish said Defendant for their despicable conduct and conscious disregard for the safety of others, and to deter any such despicable conduct and conscious disregard for the safety of others in the future;” Pursuant to Code of Civil Procedure section 436, a court may, upon a motion made pursuant to section 435 or at any time in its discretion, strike out “any irrelevant, false, or improper matte...
2024.06.13 Motion to Strike 728
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.13
Excerpt: ... damages in in an amount properly calculated to punish said Defendant for their despicable conduct and conscious disregard for the safety of others, and to deter any such despicable conduct and conscious disregard for the safety of others in the future;” Pursuant to Code of Civil Procedure section 436, a court may, upon a motion made pursuant to section 435 or at any time in its discretion, strike out “any irrelevant, false, or improper matte...
2024.06.13 Motion for Summary Judgment 928
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.13
Excerpt: ...is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code, § 500.) There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof.” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, ...
2024.06.06 Motion to Compel Answers, to Deem Facts Admitted 308
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.06
Excerpt: ...erve a timel y response, the following rules apply: (a) The party to whom the interrogatories are directed waives any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privil ege or on the protection for work product under Chapter 4 (commencing with Section 2018.010) . . . [¶] (b) The party propounding the interrogatories may move for an order compelli...
2024.06.06 Motion to Compel Answers 723
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.06
Excerpt: ...o inter rogatories if the response is evasive or incomplete. Here, Vizio moves to compel Plaintiff Software Freedom Conservancy, Inc. (Plaintiff) to provide a further response to form interrogatory (FROG) 17.1 (identify facts, witnesses, and documents regarding each request for admission [RFA] that is not an unqualified admission) regarding RFA 16, which states: “Admit that VIZIO's SOURCE CODE CANDIDATE produced and marked as VIZIO_OCSC_000149...
2024.06.06 Motion for Leave to Amend, to File Cross Complaint 838
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.06.06
Excerpt: ... amend can be ju stified”. (Howard v. County of San Diego  (2010) 184 Cal.App.4th 1422.) “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action…it is not only error but abuse of discretion ”. (Morgan v. Superior Court  (195...
2024.05.30 Motion to Compel Arbitration 889
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...f arbitra tion and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration. This strong policy has resulted in the general rule that arbitration should be upheld unless it can be said with assurance that an arbitration clause is not susceptible to an interpretation covering the asserted dispute. The party opposing arbitration has the burden of demonstrating that an arbitration clause cannot be interpreted to requi...
2024.05.30 Motion for Terminating Sanctions 792
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...e chapter governing any particular discovery method or any other provision of this title.' This means that the statutes governing the particular discovery methods limit the permissible sanctions to those sanctions provided under the applicable governing statutes.” (New Albertsons, Inc. v. Superior Court (2008) 168 Cal.App.4th 1403, 1422 [cleaned -up].) The statutes governing each discovery method authorize particular types of sanctions in parti...
2024.05.30 Motion for Summary Judgment, Adjudication 732
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...aintiff's cau se of action” or “that the plaintiff does not possess, and cannot reasonably obtain, needed evidence ….” (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 854.) The elements of the cause of action for wrongful death are the tort (negligence or oth er wrongful act), the resulting death, and the damages, consisting of the pecuniary loss suffered by the heirs.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.) �...
2024.05.30 Motion for Summary Judgment, Adjudication 180
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...as those for ne gligence. (Citation.)” (Jones v. Awad (2019) 39 Cal.App.5th 1200, 1207.) The plaintiff must prove “a legal duty to use due care, a breach of such legal duty, and the breach as the proximate or legal cause of the resulting injury.” (Ibid, citations omitted. ) To establish a claim for dangerous condition on public property, a plaintiff must prove all of the following elements: 1. That defendant owned or controlled the property...
2024.05.30 Motion for Determination of Good Faith Settlement 026
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.30
Excerpt: ...e r joint tortfeasors from any further claims against the settling tortfeasor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault. (Id., § 877.6, subd. (c).) “To determine whether a settlement is in good faith, a trial court must inquire ‘whether the amount of the settlement is within the reasonable range of the settling tortfeasor's proportional share of compa...
2024.05.23 Motion for Determination of Good Faith Settlement 599
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23
Excerpt: ...ntered into b y the plaintiff or other claimant and one or more alleged tortfeasors or co -obligors. . .” A determination by the court that the settlement was made in good faith will bar any other joint tortfeasor or co -obligor from any further claims against the settlin g tortfeasor or co-obligor for equitable comparative contribution or partial or comparative indemnity based on comparative negligence or comparative fault. (Code Civ. Proc., �...
2024.05.23 Motion for Judgment on the Pleadings 522
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23
Excerpt: ...sition wil l not be considered by the Court. Defendant seeks judgment on the pleadings with respect to the second, fourth, fifth, sixth, and seventh causes of action. On May 15, 2024, Defendant dismissed the fourth cause of action for retaliation. “The standard for granting a motion for judgment on the pleadings is essentially the same as that applicable to a general demurrer, that is, under the state of the pleadings, together with matters th...
2024.05.23 Motion for Summary Judgment, Adjudication 387
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.23
Excerpt: ...edical malpractice on the grounds that the entire action is time -barred pursuant to Code of Civil Procedure section 340.5. “The party moving for summary judgment bears the burden of persuasion that there is no triable issue of material fact and that he is entitled to j udgment as a matter of law. That is because of the general principle that a party who seeks a court's action in his favor bears the burden of persuasion thereon. (See Evid. Code...
2024.05.16 Motion to Quash Subpoena 301
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ... by t he Court as grounds for denial. Non -party Bradley Yourist seeks to quash the subpoena which was personally served on him by Plaintiff Usman Chowdry while he was at court. Yourist contends the subpoena impermissible seeks the personal financial records o f Defendants Phase 9 and Tissera from two unrelated civil litigation matters in which Yourist was counsel for the plaintiffs. Code of Civil Procedure section 1987.1 states, in part, “(a)...
2024.05.16 Motion for Summary Judgment, Adjudication 940
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...on withi n an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit t o an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants eithe...
2024.05.16 Demurrers, Motion to Strike 429
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ... in light of the Court's ruling on the demurrer. Defendants request judicial notice nos. 1 -4 are granted. (See Evidence Code § 451(d).) Defendants' request for judicial notice no. 5 is denied. “A demurrer tests the legal sufficiency of the factual allegations in a complaint.” (Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 996.) The Court must determine “whether the complaint alleges facts sufficient to state a cause of action or...
2024.05.16 Demurrer, Motion to Strike 524
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...l grounds not supported. CRC 3.1113(a). The Entire Complaint Defendant argues an unverified complaint cannot amend a verified complaint. The case cited is from 1884 and is not persuasive authority. Defendant has not cited any modern California cases that supp orts this position. Therefore, the Court declines to strike the SAC on this ground. The Fifth and Sixth Causes of Action The fifth and sixth causes of action for covenant of good faith an...
2024.05.16 Demurrer, Motion to Strike 309
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...t to allege a ca use of action. Statute of Limitations: Code of Civil Procedure section 338(d) provides that an action for fraud must be brought within three years. The FAC alleges that Plaintiffs purchased the Subject Vehicle on May 16, 2012. (FAC, ¶ 7.) The lawsuit wa s filed on February 22, 2023, over seven and a half years after the statute of limitations had run. “A plaintiff must bring a claim within the limitations period after accrual...
2024.05.16 Demurrer 746
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...rmance, (3) th e defendant's breach, and (4) resulting damages to the plaintiff. [Citations.]” (Maxwell v. Dolezal (2014) 231 Cal.App.4th 93, 97- 98.) “An oral contract may be pleaded generally as to its effect, because it is rarely possible to allege the exact words.” (K houry v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) The Complaint fails to adequately plead an oral. Specifically, the Complaint inconsistently p...
2024.05.16 Demurrer 639
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.16
Excerpt: ...(2014) 230 Cal.Ap p.4th 381, 395.) “[F]iduciary duties are either imposed by law or are undertaken by agreement. . .” (Maglica v. Maglica (1998) 66 Cal.App.4th 442, 447.) “Fiduciary duties are imposed by law in certain technical, legal relationships such as those between partners or joint venturers, husbands and wives, guardians and wards, trustees and beneficiaries, principals and agents, and attorneys and clients.” (GAB Bus. Servs., In...
2024.05.09 Motion to Reinstate Case and Lift Stay 200
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09
Excerpt: ... the drafting party pay certain fees and costs during the pendency of an arbitration proceeding, if the fees or costs required to continue the arbitration proceeding are not paid within 30 days after the due date, the drafting party is in material breach of the arbi tration agreement, is in default of the arbitration, and waives its right to compel the employee or consumer to proceed with that arbitration as a result of the material breach.” Se...
2024.05.09 Motion for Sanctions 558
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09
Excerpt: ...to provide dis covery. (Code Civ. Proc., § 2023.010, subd. (g); Van Sickle v. Gilbert (2011) 196 Cal.App.4th 1495, 1516.) If a party fails to obey an order compelling answers to discovery, the court may impose whatever sanctions are just, including issue sanctions, evide nce sanctions, terminating sanctions, and monetary sanctions. (Code Civ. Proc., § 2023.030.) Imposition of sanctions for misuse of discovery lies within the trial court's discr...
2024.05.09 Motion for Attorney Fees 532
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.09
Excerpt: ...tar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided.” (Id.) “As the plain wording of section 1794, subdivision (d) makes clear, the trial court is ‘to base th e fee award upon actual time expended on the case, as long as such fees are reasonably incurred —both from the standpoint of time spent and the amount charged.' [...
2024.05.03 Motion to Set Aside, Vacate Default 786
Location: Orange County
Judge: Leal, Sandy N
Hearing Date: 2024.05.03
Excerpt: ...sition of th is Motion. Defendant's Evidentiary Objections to the Declaration of Michael Clauss are OVERRULED. Relief from Default and Default Judgment: Default was entered against Defendant on October 23, 2023 (ROA No. 147). Defendant requests both mandatory and d iscretionary relief under Code of Civil Procedure Section 473, subdivision (b). As to mandatory relief, section 473, subdivision (b) provides: “Notwithstanding any other requirements...

168 Results

Per page

Pages